[Ord. #2/7/90 § 1; #028/00; Ord. #010/06]
The International Property Maintenance Code shall be and is hereby adopted as the Existing Structures Code of the Town for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted, and made a part thereof.
[1]
Editor's Note: A copy of the International Property Maintenance Code is on file in the office of the Town Clerk.
[Added 3-28-2022 by Ord. No. 02-2022]
Notwithstanding any other provisions of the Revised General Ordinances, the exterior of every structure or accessory structure, including fences, roofs and gutters, shall be maintained in good repair, and all surfaces thereof shall be kept painted, when necessary, for the purpose of preservation and appearance. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance, to the end that the property itself may be preserved, safety and fire hazards eliminated and the adjoining properties and the neighborhood protected from blighting influences.
Any time any Town Official discovers the presence of vermin in any dwelling with two or more apartments, regardless of whether or not such dwelling(s) are occupired, and deems it to be a public health nuisance, the entire house/building shall be exterminated to prevent the spread from one apartment to the next or to neighboring properties. Upon the discovering the presence of vermin, the property owner will be issued a notice indicating the need for the property owner to eradicate the vermin from the property.
[1]
Editor's Note: Former subsection 13-1.2, Additions, Insertions and Charges, previously codified herein and containing portions of Ord. 2/7/90 was repealed in its entirety by Ordinance No. 010/06.
[Ord. 8/17/88 § 3]
It shall be unlawful for any person to discard or dump along any street, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of the property, in any place not specifically designated for the purpose of solid waste storage or disposal.
[Ord. 8/17/88 § 4]
It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential except in a fully enclosed structure or during days designated for the collection of bulky items.
[Ord. No. 17-2017]
a. 
Mattresses and box springs that are placed curbside for bulk collection shall be completely wrapped in plastic or placed in disposable plastic bags. Plastic wrapping or plastic bags must be sufficient to cover all exposed areas of the mattress and box spring. The plastic wrapping and/or disposable plastic bags are required to avoid, to the greatest extent possible, Town employees from coming into contact with bedbugs or bedbug-infested materials.
b. 
Furniture, mattresses or box springs or other items placed curbside for bulk collection that are not wrapped or infested with bedbugs, may be refused pickup for bulk collection in the absolute discretion of the Superintendent of the Department of Public Works or his designee.
[Ord. 8/17/88 § 6]
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.
[Ord. 8/17/88 § 7]
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots and residential lawns except in a fully enclosed structure, any motor vehicle, trailer or semi-trailer, which is (a) missing tires, wheels, engine or other parts essential to its operation or (b) which displays extensive body damage or deterioration; or (c) which does not display a current, valid State license; or (d) which is wrecked, disassembled or partially disassembled.
[Ord. 8/17/88 § 5]
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
[Ord. 8/17/88 § 9]
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after the completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate all debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[Ord. 8/17/88 § 10]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[Ord. #002/06]
An application shall be filled out for a placement of a portable on demand storage container if requested by a resident of the Town of Guttenberg. Said container shall mean to include all on-site storage containers utilized in the relocation of household furniture or other items. Said container must be placed in an approved designated legal parking spot in front of the applicant's residence. Said container may not obstruct the roadway nor the sidewalk. All applications shall be approved by the Code Enforcement Officer or his designee. A $75 fee will be charged for each container and the permit shall be for three days.
[Ord. #02-14]
Refuse receptacles shall be stored only in areas designated for storage between garbage collections. They shall be placed adjacent to the curb in front of the premises, or other area designated for collection no earlier than 6:00 p.m. on the day before collection and shall be promptly returned to the storage area upon collection. Refuse receptacles shall not be stored on sidewalks or areas in front of any buildings or houses between collection days.
[Ord. No. 13-2015; Ord. No. 09-2016]
Each person violating Sections 13-1 through 13-6 of the provisions of this chapter, shall, upon first conviction, be liable to a penalty of $100. Any second or subsequent conviction shall be liable to the penalty as stated in Chapter 1, Section 1-5.
[Amended in entirety 6-29-2022 by Ord. No. 08-2022. Prior history includes: Ord. No. 2014-15; Ord. No. 23-2017; Ord. No. 14-20.]
[Amended 6-29-2022 by Ord. No. 08-2022]
It is the purpose and intent of the Mayor and Council of the Town of Guttenberg to establish a process to address the deterioration, crime and decline in value of Town neighborhoods caused by properties with defaulted mortgages subject to foreclosure action or foreclosed upon, and vacant properties located within the Town of Guttenberg, and to identify, regulate, limit and reduce the number of these properties located within the Town. It is the Mayor and Council of the Town of Guttenberg's further intent to establish a registration requirement as a mechanism to protect neighborhoods from the negative impact and conditions that occur as a result of vacancy, lack of adequate maintenance and security and will provide a method to expeditiously identify a contact person for each property responsible for this protection.
It is not the intent of this section to determine the rights and liabilities of persons under agreements to which the Town is not a party. This section shall not be construed to alter the terms of any lease or other agreement between a landlord and a tenant or others relating to property that is the subject of this section; provided that no provision of any lease or other agreement shall be construed to excuse compliance with this section. Additionally, a violation of this section shall not in and of itself create a negligence per se standard or otherwise expand existing liability in tort for either a landlord or a tenant.
[Amended 6-29-2022 by Ord. No. 08-2022]
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
ACCESSIBLE PROPERTY/STRUCTURE
Means a property that is accessible through a comprised/breached gate, fence, wall, etc., or a structure that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
ANNUAL REGISTRATION
Shall mean 12 months from the date of the first action that requires registration, as determined by the Town, or its designee, and every subsequent 12 months. The date of the initial registration may be different than the date of the first action that required registration.
APPLICABLE CODES
Means to include, but not be limited to, the Town's Zoning Ordinance, the Town's Property Maintenance Ordinance, Solid Waste Ordinance, Residential and Commercial Recycling Ordinance, and the State and Town Building and Fire Codes.
BLIGHTED PROPERTY
Means:
a. 
Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing; or
b. 
Properties whose maintenance is not in conformance with the maintenance of other neighboring properties causing a decrease in value of the neighboring properties; or
c. 
Properties cited for a public nuisance pursuant to the Town Codes; or
d. 
Properties that endanger the public's health, safety, or welfare because the properties or improvements thereon are dilapidated, deteriorated, or violate minimum health and safety standards or lacks maintenance as required by the applicable codes.
ENFORCEMENT OFFICER
Means any Law Enforcement Officer, Building Official, Zoning Official, Code Enforcement Officer, Fire Inspector, Building Inspector, or other person authorized by the Town to enforce the applicable code(s).
EVIDENCE OF VACANT AND ABANDONED PROPERTY
Means the presence or finding of at least two of the following conditions concerning the real property: any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to: overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles auto parts or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail, or statements by neighbors, passers-by, delivery agents or government agents; or the presence of boards over doors, windows or other openings in violation of applicable code.
FORECLOSURE
Shall mean the legal process by which a mortgagee, or other lien holder, terminates a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. This definition shall include, but is not limited to, a complaint and summons filed with respect to foreclosure on a mortgage, a lis pendens filed against it by the lender holding a mortgage on the property, a deed-in-lieu of foreclosure, sale to the mortgagee or lien holder, certificate of title and all other processes, activities and actions, by whatever name, associated with the described process. The process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a non-related bona fide purchaser in an arm's length transaction to satisfy the debt or lien.
MORTGAGEE
Means the creditor, including but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; any other person or entity with the legal right to foreclose on the real property; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement, excluding governmental entities.
OWNER
Means any person, firm, corporation or other legal entity who, individually or jointly or severally with others, holds the legal or beneficial title to any building, facilities, equipment or premises subject to the provisions of this section.
REAL PROPERTY
Means any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the Town limits.
REGISTRABLE PROPERTY
Means:
a. 
Any real property located in the Town, whether vacant or occupied, which a summons and complaint for foreclosure action has been filed by a mortgagee or Trustee, has been the subject of a foreclosure action by a mortgagee or trustee and a judgment has been entered, or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
The designation of a "foreclosure" property as "registrable" shall remain in place until such time as the property is sold to a non-related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed.
b. 
Any property that is vacant for more than 30 days or any cancellation of utility service, whichever occurs first.
VACANT
Means any improved or unimproved lot and any parcel of land in the Town or any real property that contains any building or structure that is not lawfully occupied or inhabited by human beings as evidenced by the conditions set forth in the definition of "evidence of vacancy" above which is without lawful tenant, or lawful occupant or without a certificate of occupancy. "Vacant property" does not mean property that is temporarily unoccupied while the residents are away on vacation, personal matters or business, or is not intended by the owner to be left vacant, so long as the period does not exceed 30 days. This definition includes but is not limited to any platted or unplatted parcel of land, classified by the municipal assessors as class 1 and described as vacant land on the most recent tax assessor's list, but does not apply to any residential lot(s) that adjoins improved residential lots under common ownership, that is or are maintained and/or habitually utilized by the occupants of the adjoining improved residential lot(s), as if it/they were part of the adjoining improved lot(s) under common ownership.
[Amended 6-29-2022 by Ord. No. 08-2022]
These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather be an additional remedy available to the Town above and beyond any other State or Town provisions for same.
[Amended 6-29-2022 by Ord. No. 08-2022]
Pursuant to the provisions of this section, the Town or its designee, shall establish a registry cataloging each registrable property within the Town, containing the information required by this section.
[Amended 6-29-2022 by Ord. No. 08-2022]
a. 
Any mortgagee who holds a mortgage on real property located within the Town shall perform an inspection of the property to determine vacancy or occupancy, immediately upon filing a summons and complaint in an action to foreclose on a mortgage on real property in the Town.
b. 
The mortgagee shall, within 10 days of the inspection, register the property with the Code Enforcement Department, or its designee, on forms or other manner as directed, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is found to be vacant or occupied.
c. 
Registration pursuant to this section shall contain the name, direct mailing address, a direct contact name, telephone number, mailing address, and e-mail address for the mortgagee/trustee, and the mortgage servicer, and the name and twenty-four-hour contact phone number of the local property management company responsible for the security and maintenance of the property who has the authority to make decisions concerning the abatement of nuisance conditions at the property, as well as any expenditure in connection therewith.
Each individual property on the registry that has been registered for six months or more prior to the effective date shall have 30 days to renew the registration and pay the non-refundable $500 annual registration fee. Properties registered less than six months prior to the effective date shall renew the registration upon expiration and every 12 months thereafter and shall pay the non-refundable $500 annual registration fee. Mortgagees who have existing registrable property on the effective date of this section have 30 calendar days from the effective date to register the property with the Code Enforcement Department, or its designee, on forms or other manner as directed, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is vacant or occupied.
Editor's Note: See history at Subsection 13-8.5 for adoption and amendment dates.
d. 
If the mortgage on a registrable property is sold or transferred, the new mortgagee is subject to all the terms of this section. Any previous unpaid registration fees are the responsibility of the new mortgagee or trustee and are due and payable with their initial registration. Except if it is determined that the transferee is exempt from paying fees then the previous mortgagee will not be released from the responsibility of paying all previous unpaid fees and fines, regardless of who the mortgagee was at the time when registration was required, including but not limited to unregistered periods during the foreclosure process. The provisions of this section are cumulative with and in addition to other available remedies. Moreover, the Code Enforcement Department is authorized and empowered to refer the previous mortgagee's non-payment of previous fees and fines to a court of competent jurisdiction for disposition.
e. 
If the servicing rights for a mortgage on a registrable property are sold or transferred, the registration must be updated to include all the new servicer information within 10 days of the servicing transfer.
f. 
If the mortgagee owner of a foreclosed real property sells or transfers the property to a non-arm's length related person or entity, the transferee is subject to all the terms of this section and within five days of the transfer register the property. Any previous unpaid registration fees are the responsibility of the new Registrable property owner and are due and payable with their initial registration. Except if it is determined that the transferee is exempt from paying fees then the previous mortgagee will not be released from the responsibility of paying all previous unpaid fees and fines, regardless of who the mortgagee was at the time when registration was required, including but not limited to unregistered periods during the foreclosure process. The provisions of this section are cumulative with and in addition to other available remedies. Moreover, the Code Enforcement Department is authorized and empowered to refer the previous mortgagee's non-payment of previous fees and fines to a court of competent jurisdiction for disposition.
g. 
As long as the property is registrable it shall be inspected by the mortgagee, or designee, monthly. If an inspection shows a change in the property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
h. 
A non-refundable registration fee of $500 shall accompany each registration pursuant to this section.
i. 
If the foreclosing or foreclosed property is not registered, or the registration fee is not paid within 30 days of when the registration or renewal is required pursuant to this section, a late fee equivalent to 10% of the annual registration fee shall be charged for every thirty-day period, or portion thereof, the property is not registered and shall be due and payable with the registration.
j. 
All registration fees must be paid directly from the mortgagee, trustee, servicer, or owner. Third party registration fees are not allowed without the consent of the Town and/or its authorized designee.
k. 
Properties subject to this section shall remain under the annual registration requirement, and the inspection, security and maintenance standards of this section as long as they are registrable.
l. 
Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the change.
m. 
Failure of the mortgagee to properly register or to modify the registration information from time to time to reflect a change of circumstances as required by this section is a violation of the section and shall be subject to enforcement and any resulting monetary penalties and/or property liens.
n. 
Pursuant to any administrative or judicial finding and determination that any property is in violation of this section, the Town may take the necessary action to ensure compliance with and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance.
o. 
Properties subject to this section shall be in accordance with the applicable code(s) of the Town.
p. 
Registration of foreclosure property does not alleviate the mortgagee and/or owner from obtaining all required licenses, permits and inspections required by applicable code or State Statutes. Acquisition of required licenses permits, and inspections or registration of rental property does not alleviate the requirement for the property to be registered under this section. Mortgagee and/or owner is expected to update the status of the property in the event of a mortgagee managed rental.
[Amended 6-29-2022 by Ord. No. 08-2022]
a. 
Any owner of vacant property located within the Town shall within 10 days after the property becomes vacant, register the real property with the Town registry.
b. 
Initial registration pursuant to this section shall contain at a minimum the name of the owner, the mailing address of the owner, e-mail address, and telephone number of the owner, and if applicable, the name and telephone number of the property manager and said person's address, e-mail address, and telephone number.
c. 
At the time of initial registration each registrant shall pay a non-refundable semi-annual registration fee of $500 for each vacant property. Subsequent non-refundable semi-annual renewal registrations of vacant properties and fees in the amount of $500 are due within 10 days of the expiration of the previous registration. Said fees shall be used to offset the costs of: (1) registration and registration enforcement, (2) code enforcement and mitigation related to vacant properties, and (3) for any related purposes as may be adopted in the policy set forth in this section. Said fees shall be deposited to a special account in the Town's department dedicated to the cost of implementation and enforcement of this section and fulfilling the purpose and intent of this section.
d. 
If the property is sold or transferred, the new owner is subject to all the terms of this section. Within 10 days of the transfer, the new owner shall register the vacant property or update the existing registration. The previous owner(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that owner's involvement with the vacant property.
e. 
If the vacant property is not registered, or either the registration fee or the annual registration fee is not paid within 30 days of when the registration or annual registration is required pursuant to this section, a late fee shall be equivalent to 10% of the semi-annual registration fee shall be charged for every 30 day period, or portion thereof, the property is not registered and shall be due and payable with the registration. This section shall apply to the initial registration and registrations required by subsequent owners of the vacant property.
f. 
Properties subject to this section shall remain subject to the semi-annual registration requirement, and the inspection, security, and maintenance standards of this section as long as the property is vacant.
g. 
Failure of the owner to properly register or to modify the registration to reflect a change of circumstances as required by this ordinance is a violation of this section and shall be subject to enforcement by any of the enforcement means available to the Town.
h. 
If any property is in violation of this section, the Town may take the necessary action to ensure compliance with and place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to the property into compliance.
i. 
Properties registered as a result of this section are not required to be registered again pursuant to the foreclosure mortgage property section.
[Amended 6-29-2022 by Ord. No. 08-2022]
a. 
Registration Violation. The penalty to a mortgagee and/or owner who is out of state and has filed a summons and complaint in an action to foreclose a Guttenberg residential property, but not appointed an in-state representative or agent pursuant to this section, shall be subject to a fine of $2,500 for each day of the violation.
b. 
Code Violation. A mortgagee and/or owner subject to this section shall be fined $1,500 for each day commencing on the 31st day after receiving notice of a violation of the requirement to care, maintain, and or provide proper security upkeep, issued by the Construction Code Official or other authorized agent for the Town pursuant to this section.
[Ord. No. 13-2015; Ord. No. 09-2016]
All sidewalks, steps, driveways, and similar paved areas for public use shall be kept in good repair, and deteriorated, uprooted, cracked or dilapidated sidewalks shall be repaired by the property owner. In the case where the owner or his contractor replaces a portion of the sidewalk staying in conformance with the International Property Maintenance Code or a driveway apron, then such construction shall conform to the specifications prepared by Guttenberg Building Department.
[Ord. No. 13-2015; Ord. No. 09-2016]
a. 
No person shall do any of the following acts upon any sidewalk or street within the Town of Guttenberg without the written approval of the Guttenberg Building Department:
1. 
Cut, trim, break, climb with spikes, disturb the roots of, spray with any chemical, remove or otherwise injure any living tree or shrub or injure, misuse or remove any structure or device placed to support or protect such tree or shrub.
2. 
Plant any tree or shrub.
3. 
Fasten any rope, wire, electric attachment, sign or other device to a tree or shrub or to any guard about such tree or shrub.
4. 
Close or obstruct any open space provided about the base of a tree or shrub to permit the access of air, water fertilizer to the roots of such tree or shrub.
5. 
Place any building material within six feet of a tree or shrub.
b. 
The Guttenberg Building Department shall give written approval to an owner of a Guttenberg property to trim or remove any tree or shrub on his or her property when that owner can prove to the Guttenberg Construction Official that said tree or shrub is dead or no longer viable and/or causing damage to the property of the Guttenberg owner.
[Added 2-27-2023 by Ord. No. 02-2023]
a. 
In addition to other requirements of the Revised General Ordinances of the Town of Guttenberg applicable thereto, fencing of at least six-feet in height shall be installed along the entire perimeter of any vacant lot or group of contiguous vacant lots under common ownership, in such a manner so as to secure the perimeter of such lot or contiguous group thereof from unauthorized access and dumping.
b. 
For purposes of this section, vacant lot means all platted or unplatted parcels of land that are classified by the municipal assessor as Class 1 and described as vacant land on the most recent tax assessor's list or that would qualify for such designation and description, not including, however, any residential lot(s) that adjoins improved residential lots under common ownership, that is or are maintained and/or habitually utilized by the occupants of the adjoining improved residential lot(s), as if it/they were part of the adjoining improved lot(s) under common ownership.
c. 
Each week such fencing is not present may be considered a separate violation of this section.
[Ord. 8/17/88 § 13; Ord. No. 29-11; Ord. No. 13-2015; Ord. No. 09-2016; amended 2-27-2023 by Ord. No. 02-2023]
Any person found guilty of a violation of Section 13-9, 13-10 and/or 13-10A of this chapter shall be liable to the penalty stated in Chapter 1, Section 1-5.
[Added 3-28-2022 by Ord. No. 02-2022]
There exists in the Town buildings which are unfit for human habitation, occupancy or use due to dilapidation defects, which increase the hazards of fire, accidents or other calamities; lack of ventilation, light or sanitation facilities; or other conditions rendering such building or buildings, or parts thereof unsafe, unsanitary, dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the Town.
[Added 3-28-2022 by Ord. No. 02-2022]
The following terms whenever used or referred to in this section shall have the following respective meanings for the purpose of this section, unless a different meaning clearly appears from the context:
BUILDING
Any building or structure or part thereof whether used for human habitation or otherwise and including any outhouses, sheds and appurtenances belonging thereto or usually adjoined therewith, whether or not such building or structure is occupied or vacant.
DEMOLITION
The complete destruction of any building or structure or part thereof, including all foundation walls, and the removal from the premises of all parts and materials of such building or structure not falling within the definition of "clean fill" as defined in the Basic Property Maintenance Code.
OWNER
The holder or holders of title in fee simple.
PARTY IN INTEREST
All individuals, associations or corporations who have interest of record in a building and any person who is in actual possession thereof.
[Added 3-28-2022 by Ord. No. 02-2022]
The Construction Official of the Town is hereby designated as the officer to exercise the powers prescribed by this section, and (s)he shall serve in such capacity for the Town without any additional salary.
[Added 3-28-2022 by Ord. No. 02-2022]
For the purpose of this section, the Construction Official may determine that a building is unfit for human habitation if (s)he finds that conditions exist in such building which are dangerous to or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Town. Such conditions may include the following, without limiting the generality of the foregoing:
a. 
Defects therein which increase the hazards of fire, accident or other calamities.
b. 
Lack of adequate ventilation, light or sanitary facilities.
c. 
Dilapidation, disrepair, structural defects or uncleanliness.
[Added 3-28-2022 by Ord. No. 02-2022]
The demolition of any building or structure or part thereof, including all foundation walls, shall require, but not be limited to, the following:
a. 
Demonstration of proper licensing to Building Department Construction Code Official and obtaining proper permit for demolition.
b. 
Compliance with the requirements set forth in the Uniform Construction Code and requirements of the Guttenberg Building Department.
c. 
All footings, foundation walls, beams and underground or basement structures shall be removed.
d. 
Clean fill as defined by state statute shall be utilized to bring the lot to grade to maintain it in conformity to established street grades at curb level.
e. 
Vacant lots shall be maintained free from accumulation of rubbish and all other unsafe or hazardous conditions which endanger the life health or safety of the public.
f. 
Any sidewalks or curbing damaged by such demolition work shall be repaired or replaced in conformity with existing sidewalks and curbing.
g. 
A fence shall be erected around any lot vacant for over 30 days.
h. 
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the basic Revised General Ordinances of the Town, the Uniform Construction Code and all other building codes adopted by the State of New Jersey and the Town, are established as standards to be used as a guide in determining the fitness of a building for human habitation, occupancy or use.
[Added 3-28-2022 by Ord. No. 02-2022]
Whenever a petition is filed with the Construction Official by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the Town charging that any building is unfit for human habitation, as herein defined, or whenever it shall appear to the Construction Official, on his/her own motion, that any building is unfit for human habitation, as herein defined, (s)he shall, if his/her preliminary investigation discloses a basis for such charge, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect, and containing a notice that:
a. 
A hearing shall be held before the Construction Code Official, or his/her designated agent, at a place therein fixed not less than 10 days nor more than 30 days after the serving of such complaint.
b. 
The owner and parties interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaints.
c. 
The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Construction Code Official.
[Added 3-28-2022 by Ord. No. 02-2022]
If, after such notice and hearing, the Construction Code Official determines that the building under consideration is unfit for human habitation, as herein defined, (s)he shall state, in writing, his/her findings of fact upon the owner thereof and parties interest in an order requiring:
a. 
That the repair, alteration or improvement of the building shall be made by the owner, within a reasonable time, which time shall be set forth in the order to vacate or to have such building vacated and closed within the time set forth in the order.
b. 
That the owner remove or demolish the building within a reasonable time as specified in the order of removal if the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the building within the time specified in the order.
c. 
That, if the owner fails to comply with an order to repair, demolish alter, improve or to vacate and close the building, the Construction Official may cause such building to be repaired, demolished altered or improved, or to be vacated and closed. A placard with the following words may be caused to be posted on the main entrance of any building so closed by the Construction Official: "This building is unfit for human habitation or occupancy or use. The use or occupation of this building is prohibited and unlawful."
d. 
That, if the owner fails to comply with an order to remove or demolish the building, the Construction Official may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of a bid therefor.
e. 
That the amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this section, determined in favor of the Town and the cost of such repairs, alterations or improvements or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Construction Official, (s)he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits, or if the sum totals of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor, or other custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credit exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Construction Official and shall be secured in such manner as may be directed by the Court and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court, provided that nothing in this section shall be construed to impair or limit in any way the power of the Town to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
[Added 3-28-2022 by Ord. No. 02-2022]
A complaint or order issued by the Construction Official pursuant to this section shall be served upon persons as set forth in the Uniform Construction Code.
[Added 3-28-2022 by Ord. No. 02-2022]
The Construction Official is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following, in addition to others herein granted:
a. 
To investigate the building conditions in the Town in order to determine which buildings therein are unfit for human habitation.
b. 
To enter upon premises for the purpose of making examination, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
c. 
To delegate any of his/her functions and powers under this section to such officers and agents as (s)he may designate.
[Added 3-28-2022 by Ord. No. 02-2022]
Nothing in this section shall be construed to abrogate or impair the power of the Town, or any officer or department, to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof. The powers conferred by this section shall be in addition and supplemental to the powers conferred upon the Town by any other law or ordinance. Whenever a provision of this section is found to be in conflict with a provision of a zoning, building, fire, health or other law or ordinance, or regulation adopted pursuant thereto, the provision or requirement which is more restrictive or which establishes the highest standard shall apply.